Citation : 2024 Latest Caselaw 12616 Ker
Judgement Date : 21 May, 2024
WPC.No.17952/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 17952 OF 2024
PETITIONER/S:
ANNETTE MARY A., AGED 53 YEARS,
HSA (ENGLISH), ST. ALOYSIUS KOLLAM, HAVING ADDRESS
AT NO.41, SANTHI NAGAR, POLAYATHODE,KOLLAM 691021
AND NOW RESIDING AT - 71, KOTTAPURAM HOUSE, JYOTHIS
NAGAR, VADDY, KOLLAM, KERALA, PIN - 691 013.
BY ADVS.JOHNSON GOMEZ
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
DEEBU R.
ABIN JACOB MATHEW
RESPONDENTS:
1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001.
2 DIRECTOR GENERAL OF EDUCATION,
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM., PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM., PIN - 691 001.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KOLLAM., PIN - 691 013.
WPC.No.17952/2024 2
5 THE CORPORATE MANAGER OF CATHOLIC SCHOOLS,
CORPORATE MANAGEMENT, KOLLAM, DIOCESE OF QUILON,
BISHOP'S HOUSE, THANGASSERY (PO), KOLLAM, PIN - 691
007.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.17952/2024 3
JUDGMENT
The petitioner, who was appointed as High School Assistant was
denied approval of appointment with effect from the date of
appointment, which was on 01.06.2010. The appointment was approved
only with effect from 01.06.2011. It is the case of the petitioner that
denial of approval was in view of the non execution of bond by the
Manager in compliance of the G.O.(P).10/10. Highlighting the
grievance the petitioner has already submitted Ext.P4, which is now
pending before the 1st respondent.
Limited prayer sought by the petitioner is for a direction for
expeditious disposal of Ext.P4. After hearing the learned counsel for
the petitioner and the learned Government Pleader, I am inclined to
dispose of this writ petition. Accordingly, it is ordered that, the 1 st
respondent shall take up Ext.P4 and shall pass appropriate orders
thereon in accordance with law after hearing the petitioner, the
Manager and the affected parties if any. It is further clarified that, as
far as the execution of bond by the Manager is concerned, the same can
be deemed to be executed. A decision in this regard shall be taken
within a period of four months from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
APPENDIX OF WP(C) 17952/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT NO.5 DATED 01.06.2010 APPOINTING THE PETITIONER AS HSA (ENGLISH)
Exhibit P2 .A TRUE COPY OF THE ORDER G.O.(P) NO.10/10/G. EDN. DATED 12.1.2010
Exhibit P3 A TRUE COPY OF THE ORDER NO. G.O.(P) NOS.199/2011/G.EDN. DATED 01.10.2011 ISSUED BY THE RESPONDENT NO.4
Exhibit P4 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 21/03/2024 TO RESPONDENT NO.1
Exhibit P5 A TRUE COPY OF THE JUDGEMENT IN WP(C) 15998 OF 2015 DATED 28.07.2015 OF THIS HON'BLE COURT
Exhibit P6 A TRUE COPY OF THE JUDGEMENT IN WP(C) 20888 OF 2019 DATED 01.08.2019 OF THIS HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO.
6420 OF 2024 DATED 20.02.2024 OF THIS HON'BLE COURT
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